<p>Liysa and Rick Swart</p>

A defamation lawsuit filed by true-crime writer Ann Rule against former Wallowa County Chieftain editor/publisher Rick Swart for a Seattle Weekly story he wrote, titled Ann Rules Sloppy Storytelling, was dismissed last week in King County Superior Court by Judge Laura Inveen.

Rules attorney Anne Bremner told the Chieftain Tuesday morning that she plans to file a motion in court this Thursday, March 6, asking the judge to reconsider. If that request fails, Rule plans to file an appeal in the Washington Appeals Court.

Swart wrote the July 2011 story defending Liysa Northon, who was serving a 12-year prison sentence after pleading guilty to manslaughter for killing her husband, Chris, in a Lostine Canyon campground in Wallowa County in October 2000.

In the news story which was the basis of the defamation claim, Swart attacked Rule for portraying Northon as a villain in Rules book about the case, Heart Full of Lies, and instead laid out the results of his research that he said proved Northon was a victim of domestic violence and victimized by the justice system.

As part of a true-life tale stranger than fiction, Swart admitted a short time after the Seattle Weekly story was published that he was engaged to Northon, and indeed the couple was married in September 2011 while she was still in prison. Northon, now Liysa Swart, was released in 2012.

The Seattle Weekly, which was also a defendant in Rules dismissed suit, subsequently stated it had not been aware of Swarts romantic involvement, but after fact checking the published piece reported it found only a few, relatively minor, factual errors.

The Rule lawsuit alleged Swarts article contained innumerable inaccuracies and untruths concerning the testimony and evidence in the trial of Liysa Northon and also included various unfounded personal attacks and stated Rule has been significantly damaged personally and professionally.

In dismissing the suit, Inveen awarded Swart and the other defendants $10,000 each in damages, plus attorney fees and costs. In addition to Swart and Seattle Weekly, those defendants were former Seattle Weekly editor Caleb Hannan, and Village Voice Media, which owned the newspaper at the time of the article but subsequently sold it to Sound Publishing.

Rules suit against Swart was dismissed with prejudice, which means she retained the right to appeal the verdict.

Swart and his attorney, Chris Blattner, defended the suit under Washingtons Anti-SLAPP law, which protects individuals from Strategic Lawsuits Against Public Participation, used to silence critics and penalize free speech in the public arena. After a number of motions and counter-motions, Judge Inveen ruled that this case fit the statute.

Rule and attorney Bremner disagree. In the brief she plans to file, Bremner states: We firmly believe that the statute that was relied upon by the court, the anti-SLAPP statute, does not apply to this case. The purpose of the statute is clearly stated to protect speech that seeks government action, change, or even just awareness of an issue (such as protesting with hopes that the legislature would take notice). in essence using an improper lawsuit to stop the individual or organization from speaking its point. Hence the title Strategic Lawsuits Against Public Participation. No one condones these SLAPP suits.

Bremner adds in her brief, However, this statute clearly was not enacted for the purpose of defeating general defamation claims and/or stopping injured individuals from using the courts to legitimately seek civil redress for defamatory comments that damage their reputation.

Ironically, an earlier lawsuit by Northon against Rule for her Heart Full of Lies book was also dismissed in court.

We feel vindicated by the findings of the court, said Rick Swart. This is a victory not only for me but for every journalist who relies on First Amendment protection of free speech. I hope this decision gives other journalists the courage to dig below the surface, question those who are in authority, and not simply accept the propaganda of the powerful as the gospel. One of the most important functions of the press is to give voice to the disenfranchised, and some of the most disenfranchised members of our society are victims of domestic abuse.

Swart said that while Rule alleged innumerable inaccuracies, in her pleadings Rule failed to identify any false statements in the article.

Bremner said she disagreed with this assessment.

Swart said he and his wife are now working for stronger laws to protect victims of domestic violence, and are currently working to help craft a comprehensive Domestic Violence Shield Law, which would be introduced at the Oregon legislative session in 2015.